The Guardians and Wards Act, 1890

Act No. 08

21-Mar-1890

Section 1 — Title, extent and commencement

1. Title, extent and commencement. - (1) This Act may be called the Guardians and Wards Act,

Section 1890 — (2) It extends to th e whole of India 2***,

1890.

(2)It extends to th e whole of India 2***, 3* * * 4***

(3)It shall come into force on the first day of July, 1890.

Section 2 — [Repeal .] Rep. by the Repealing Act , 1938 (1 of 1938), s. 2 and the Schedule .

2. [Repeal .] Rep. by the Repealing Act , 1938 (1 of 1938), s. 2 and the Schedule .

Section 3 — Saving of jurisdiction of Courts of Wards and Chartered High Courts

3. Saving of jurisdiction of Courts of Wards and Chartered High Courts. - This Act shall be read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by 5[any competent legislature, authority or person in 6[any State to which this Act extends]], and nothing in this Act shall be construed to affect, or in any way derogate from the jurisdiction or authority of any Court of Wards, or to take away any power possessed by 7[any High Court 8***].

Section 4 — Definitions

4. Definitions. - In this Act, unless there is something repugnant in the subject or context, -

(1)“minor ” means a person who, under the provisions of the Indian Majority Act, 1875, (9 of 1875) is to be deemed not to have attained his majority:

(2)“guardian ” mean ’s a person having the care of the person of a minor or of his property, or of both is person and property:

(3)“ward ” means a minor for whose person or property, or both, there is a guardian:

(4)“District Court ” has the meaning assigned to that expression in the 9Code of Civil

Section 1 — This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I, to the whole of the Union

1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I, to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. and to Sikkim vide Notifn. No. S.O. 644(E), dated 24 -81984, Gazette of India, Extraordinary, Pt. II, s. 3(ii) (w.e.f. 1 -9-1984). This Act has been extended to Pondicherry by Act 26 of 1968, with the following modification: In section 1, after sub -section (2), insert: - “Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondiche rry.”.

Section 3 — The words “inclusive of British Baluchistan” rep by A.O. 1948 .

3. The words “inclusive of British Baluchistan” rep by A.O. 1948 .